Madhya Pradesh High Court
Deepak Mahajan vs The State Of Madhya Pradesh on 7 December, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 7 th OF DECEMBER, 2022
WRIT PETITION No. 1962 of 2019
BETWEEN:-
DEEPAK MAHAJAN S/O SHRI KAILASH MAHAJAN,
AGED ABOUT 28 YEARS, OCCUPATION: DATA ENTRY
OPERATOR IN THE OFFICE OF THE HEALTH DEPT. BUT
HE WAS PLACED AT S. NO. 1 IN THE WAITING LIST IN
THE REVENUE DEPT. OF THE OFFICE OF RESPONDENT
NO. 2 COLLECTOR, BURHARNPUR R/O BAMBADA TEH.
BURHANPUR, DISTRICT BURHANPUR (MADHYA
PRADESH).
.....PETITIONER
(SHRI SHAILENDRA VERMA - ADVOCATE FOR PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THR THE
PRINCIPAL SECRETARY REVENUE DEPT.
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH).
2. THE COLLECTOR B U R H A N P U R DISTT-
BURHANPUR (MADHYA PRADESH).
3. THE MISSION DIRECTOR NATIONAL HEALTH
MISSION, 8, ARERA HILLS JAIL ROAD, BHOPAL
(MADHYA PRADESH).
4. MR. WASEEM KHAN S/O SHRI NASIR KHAN,
AGED NOT KNOWN, OCCUPATION: ASSTT. DATA
ENTRY OPERATOR O/O SUB DIVISIONAL OFFICER
(REVENUE) BURHANPUR, DISTRICT BURHANPUR
(MADHYA PRADESH).
.....RESPONDENTS
(SHRI A. RAJESHWAR RAO - GOVERNMENT ADVOCATE FOR
RESPONDENTS No. 1 & 2/STATE AND SHRI AZAD KRISHNA BAIS-
ADVOCATE FOR RESPONDENT No.3)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 12/9/2022
11:04:36 AM
2
following:
ORDER
Petitioner has filed filed this petition under Article 226 of the Constitution of India making a prayer to issue writ/direction to respondents for quashing the impugned order dated 30.11.2016 contained in Annexure P/8, by which respondent No. 4 was given appointment on post of Office Assistant-cum Data Entry Operator (Contract).
Counsel appearing for the petitioner submitted that petitioner participated in selection process of Data Entry Operator-cum-Office Assistant on contract basis. Petitioner was placed in wait list No. 4 in list of unreserved candidates and name of petitioner was in wait list No. 1 in OBC category. Counsel for the petitioner submitted that respondents had committed an error by giving appointment to Waseem Khan vide order dated 30.11.2016, who was in wait list No. 2. Appointment to said post ought to have been given to petitioner.
Government Advocate appearing for the State submitted that Collector had passed an order dated 10.03.2016. By said order, one Data Entry Operator (Contract) is to be appointed in PC & PNDT. Petitioner was given appointment from wait list on said post. Petitioner joined on said post, therefore, now petitioner cannot claim his appointment and challenge order dated 30.11.2016.
Heard the counsel for the parties.
Petitioner was in wait list No. 2 in category of OBC. Collector has issued order dated 10.03.2016, by which order was passed to appoint petitioner on post of Data Entry Operator in PC & PNDT, Burhanpur temporarily. In pursuance of order dated 10.03.2016, petitioner joined on the said post. Petitioner was selected from the wait list for occupying the said post. Once petitioner has opted for the choice of joining on the post, wait list so far as Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 12/9/2022 11:04:36 AM 3 petitioner is concerned is exhausted. Now petitioner cannot challenge that respondent No. 4 who was in wait list No. 2 was wrongly given appointment by order dated 30.11.2016. Petitioner had made a choice and had waived other rights.
Considering the same, writ petition is dismissed.
(VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 12/9/2022 11:04:36 AM